Common use of Initial Shares Clause in Contracts

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___], the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Samples: Specialty Underwriters (Specialty Underwriters Alliance, Inc.), Underwriting Agreement (Specialty Underwriters Alliance, Inc.)

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Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [Common Stock of $___]24.25, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I II opposite such Underwriter’s 's name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Samples: Underwriting Agreement (Customers Bancorp, Inc.), Underwriting Agreement (Customers Bancorp, Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]$ for the Common Stock, the Company agrees to sell to the Underwriters each Underwriter the number of Initial Shares set forth in Schedule I opposite such Underwriter’s its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s 's name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Samples: First Community Bancorp /Ca/, Anworth Mortgage Asset Corp

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of $[$___], the Company agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule I opposite such Underwriter’s nameI, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 9 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Samples: Underwriting Agreement (Turning Point Brands, Inc.), Underwriting Agreement (Turning Point Brands, Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]_____, the Company agrees to sell each of to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s 's name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 2 contracts

Samples: Underwriting Agreement (Meadowbrook Insurance Group Inc), Underwriting Agreement (Meadowbrook Insurance Group Inc)

Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]25.00, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such each Underwriter’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Highland Hospitality Corp)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]24.765, the Company Selling Shareholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company Selling Shareholder the number of Initial Shares set forth in Schedule I II opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Placer Sierra Bancshares)

Initial Shares. Upon On the basis of the representations, warranties and representations agreements, and other subject to the terms and conditions herein set forth, at the purchase price per share of [$___], the Company agrees to sell to each Underwriter, severally and not jointly, and each Underwriter, severally and not jointly, agrees to purchase from the Underwriters Company, at the price per share set forth in the first paragraph of this Agreement, that number of Initial Shares set forth in Schedule I A opposite the name of such Underwriter’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 9 hereof, subject subject, in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Management Agreement (New Residential Investment Corp.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price of $11.16 per share of [$___]share, the Company agrees to sell to each of the Underwriters the number of Initial Shares set forth in on Schedule I opposite such Underwriter’s name, its name and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in on Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representatives, in their sole discretion discretion, shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (GMH Communities Trust)

Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]10.15, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such each Underwriter’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Highland Hospitality Corp)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]$ for the Common Stock, the Company agrees to sell to the Underwriters each Underwriter the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, its name and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s 's name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Pacific Premier Bancorp Inc)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]24.2125 for the Preferred Stock, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Novastar Financial Inc)

Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]Common Stock of $ , the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I II opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, by wire transfer or other same day funds, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Legacy Housing Corp)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]10.925, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s 's name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (McSi Inc)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]$ , the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I II opposite such Underwriter’s 's name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Atlas America Inc

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [Common Stock of $___]9.30, the Company agrees to sell to the Underwriters the aggregate number of Initial Shares set forth in Schedule I opposite such Underwriter’s nameI, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 9 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Turning Point Brands, Inc.)

Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]forth in this Agreement, the Company agrees to sell and to issue to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company Company, at a purchase price of $14.87 per share (the “Purchase Price”), that number of Initial Shares set forth in Schedule I A opposite the name of such Underwriter’s name, plus any additional number of Initial Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject subject, in each case, to such adjustments among the Underwriters as the Representatives Representatives, in their sole discretion discretion, shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Trinity Capital Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of $[$________], the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such each Underwriter’s 's name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s 's name, plus any additional number of Initial Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Highland Hospitality Corp)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price Purchase Price per share Depositary Share of [$___]24.2125, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Saul Centers Inc)

Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]forth in this Agreement, the Company agrees to sell and to issue to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company Company, at a purchase price of $17.424 per share (the “Purchase Price”), that number of Initial Shares set forth in Schedule I A opposite the name of such Underwriter’s name, plus any additional number of Initial Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject subject, in each case, to such adjustments among the Underwriters as the Representatives Representatives, in their sole discretion discretion, shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Trinity Capital Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [Common Stock of $___]2.35625, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, case to such adjustments among the Underwriters as the Representatives Underwriters in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Purchase Agreement (Quantum Fuel Systems Technologies Worldwide, Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]24.2125 for the Preferred Stock, the Company agrees to sell to the Underwriters each Underwriter the number of Initial Shares set forth in Schedule I opposite such Underwriter’s its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Anworth Mortgage Asset Corp)

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Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]23.75 for the Preferred Stock, the Company agrees to sell to the Underwriters each Underwriter the number of Initial Shares set forth in Schedule I opposite such Underwriter’s its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Anworth Mortgage Asset Corp)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]_____, the Company agrees to sell to each of the Underwriters the number of Initial Shares set forth in opposite its name on Schedule I opposite such Underwriter’s nameI, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s 's name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject subject, in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: TRM Corp

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [Common Stock of $___[ ¡ ], the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares; provided that the purchase price per share of Initial Shares sold to the individuals set forth on Schedule V shall be $ per share.

Appears in 1 contract

Samples: Underwriting Agreement (Atlantic Coast Financial CORP)

Initial Shares. Upon Subject to the provisions of Section 2(c), upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]Common Stock of $ , the Company agrees to sell to each of the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s nameI, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Madison Square Capital, Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forthforth in this Agreement, at the purchase price per share of Common Stock of $[$___·], (i) the Company agrees to sell to the Underwriters the number an aggregate of [·] Initial Shares set forth in Schedule I opposite such Underwriter’s name, and (ii) each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I to this Agreement opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof9, subject in each case, case to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Aspire Real Estate Investors, Inc.)

Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]forth in this Agreement, the Company agrees to sell and to issue to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company Company, at a purchase price of $13.99 per share (the “Purchase Price”), that number of Initial Shares set forth in Schedule I A opposite the name of such Underwriter’s name, plus any additional number of Initial Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject subject, in each case, to such adjustments among the Underwriters as the Representatives Representatives, in their sole discretion discretion, shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Trinity Capital Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]$ , the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, its name and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I II opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (DiamondRock Hospitality Co)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]_____ for the Common Stock, the Company agrees to sell to the Underwriters each Underwriter the number of Initial Shares set forth in Schedule I opposite such Underwriter’s its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s 's name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Anworth Mortgage Asset Corp

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]_____ for the Common Stock, the Company agrees to sell to the Underwriters each Underwriter the number of Initial Shares set forth in Schedule I opposite such Underwriter’s its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Anworth Mortgage Asset Corp)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of Common Stock of [$___$ ], the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, its name and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I II opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (HomeStreet, Inc.)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___], $ the Company agrees to sell to each of the Underwriters the number of Initial Shares set forth in on Schedule I opposite such Underwriter’s name, its name and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in on Schedule I opposite such Underwriter’s 's name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representatives, in their sole discretion discretion, shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: GMH Communities Trust

Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]__, the Company and each Selling Stockholder agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company and the Selling Stockholders the number of Initial Shares set forth in Schedule I II opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, case to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Lakeland Industries Inc)

Initial Shares. Upon the basis of the warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [Common Stock of $___[ ], the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such Underwriter’s its name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares that which such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives Representative in their its sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Cadence Financial Corp)

Initial Shares. Upon the basis of the representations and warranties and representations and other terms and conditions herein set forth, at the purchase price per share of [$___]12.35, the Company agrees to sell to the Underwriters the number of Initial Shares set forth in Schedule I opposite such each Underwriter’s name, and each Underwriter agrees, severally and not jointly, to purchase from the Company the number of Initial Shares set forth in Schedule I opposite such Underwriter’s name, plus any additional number of Initial Shares that such Underwriter may become obligated to purchase pursuant to the provisions of Section 8 hereof, subject in each case, to such adjustments among the Underwriters as the Representatives in their sole discretion shall make to eliminate any sales or purchases of fractional shares.

Appears in 1 contract

Samples: Underwriting Agreement (Highland Hospitality Corp)

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